26^th January 2004

Dear Mr Probert-Lewis

Use of mechanically propelled vehicles on Rights of Way

Thank you for the opportunity to comment on the above document. This response represents the views of the Isle of Wight Area of Outstanding Natural Beauty Partnership, please see attached diagram for further details.

The Isle of Wight AONB Partnership aims to ensure the conservation and enhancement of the Isle of Wight AONB in line with the statutory purpose of the designation. We also work to increase the understanding and enjoyment of the special qualities of this nationally treasured landscape by those who live in, work in, or visit the area.

In my role as AONB Officer I am also charged with the Chairmanship of the Tennyson Trail Task Group with AONB Unit also acting as its secretariat. The Tennyson Trail is the longest single run of Byway Open to All Traffic (BOAT) on the Isle of Wight and its full length lies within the AONB. Its passes through farmed, wooded, and sensitive landscapes including a candidate Special Area of Conservation, Sites of Special Scientific Interest and immediately adjacent to a number of Scheduled Ancient Monuments. The Task Group was formed due to concerns over the impact of motorised vehicles on the surface of the route and on adjacent private and sensitive countryside. The group includes representatives from the local motorised vehicle user groups as well as farmers, landowners, non motorised vehicular users and officers from local, and national organisations (Isle of Wight Council, English Nature, English Heritage etc).

General comment –

Firstly we express our concern and surprise that neither ourselves, colleagues in other AONBs or the National Association for Areas of Outstanding Natural Beauty were included on the consultation list for this document. The Rights of Way network provides the means for many people to enjoy the special qualities and character of the landscape that led to its designation. The management and protection of the network and its relationship to the conservation, enhancement and enjoyment of the AONB are matters of interest to our Partnership.

We welcome the strong statement and commitment given by the Minister in the foreword, recognising the potential detrimental impact that mechanically propelled vehicular use can have on the natural and cultural heritage of the countryside. However this is somewhat diluted within the main document which we believe misses an opportunity to seek to address broader concerns and existing difficulties in managing bona fide vehicular access. This response seeks to give our thoughts on this for your consideration.

We recognise that the management of the Rights of Way network on the Isle of Wight is of a very high standard (being the only local authority to have attained the national target for Rights of Way in 1998). There are no Roads Used as Public Paths (RUPPs) on the Isle of Wight having been reclassified in the 1990s in line with the Wildlife & Countryside Act 1981. Legal public vehicular access via Byways Open to All Traffic (BOATs) of which there are 38Km within the AONB, can often facilitate illegal use of adjacent land. ‘Off road’ vehicles have become increasingly affordable and their use has grown. There are a number of organized local groups who enjoy this activity who act responsibly, with the imposition of their own voluntary restrictions when surface conditions dictate and adherence to codes of conduct. We would not wish to unduly remove or restrict the rights of responsible use.

Unfortunately, there are also those individuals that either through genuine ignorance or via more deliberate planned behaviour cause damage to the natural, historic, farmed and forested countryside, on private land adjacent to legal access routes. Whilst we recognise that these issues are not at the heart of the suggested changes to legislation in this consultation document, it is often this activity that is the cause of much concern and conflict. The document has, in our opinion missed an opportunity in not acknowledging and seeking to address these associated issues.

Detailed comment –

4.1 We welcome and concur that a balance between rights and responsibilities is needed regarding this issue.

4.2 We welcome and support this aim but do not believe that it is satisfied by later proposals in relation to routes that have already been classified as Byways Open to All Traffic (BOATs).

5.1 We welcome and support the need for swift and effective action but are concerned that resources are required to enable this to happen.

5.2 The involvement of Crime and Disorder Partnerships and the local police in the consideration and setting of enforcement standards on this matter is welcomed.

Proposal 1

We await with interest the publication of the Departmental Circular on existing powers including matters regarding Traffic Regulation Orders.

Sections 6 & 7

6.3.2 We recognise that there is no intention to revoke rights conferred as a result of those Roads Used as Public Paths (RUPP) being reclassified as BOATs in this consultation document. It is accepted that it may not possible, desirable or necessary to remove these rights but we are of the opinion that a more flexible approach to closures outside of the present Traffic Regulation Order (TRO) is needed. We will outline later in our comment possible approaches to this.

The clear and succinct list of existing powers available to address illegal use and damage caused by vehicular access is very welcome and provides a useful reference. The document would have benefited from mention of the new ‘duty of regard’ towards AONBs also afforded by the Countryside and Rights of Way Act 2000 and the similar protection conferred on National Parks by the Environment Act 1995 and relevant legislation in relation to the historic environment. Direct mention of the strong link between the ability to impose a TRO and the primary purpose of AONBs and National Parks (7.4 bullet point 4 – conserving natural beauty, including flora, fauna and geological and physiographical features), would also have been beneficial.

Proposal 2

We will review the existing publication ‘Making the Best of Byways (1997)’ in light of the increased protection and management afforded to AONBs by the Countryside and Rights of Way Act 2000 and our knowledge of local good practice, to provide our views on suggestions for revisions.

Proposal 5

Our comments above in 6.3.2 are relevant here. If there is to be no change to the BOAT classification (bearing in mind the strong statement about reliance on historic non-motorised vehicular access as the basis of present motorised use), there is, in our opinion, a need for a more flexible approach to the management of TROs and temporary/emergency closures on BOATs. Whilst the list of existing powers given in parts 6 & 7 of the consultation document would seem to offer an effective and strong level of protection they are in our experience onerous to administrate, require erection of standardised traffic regulation signage in the form of roundels, and critically cannot be evoked or revoked dependent upon surface conditions and or damage to natural, historic and farmed landscapes. Guidance clearly states that temporary closures should not be evoked on a seasonal basis and that in such cases a permanent TRO of a seasonal nature should be actioned. Emergency closures can be evoked with immediate effect but only apply to situations where there is a direct danger to the public exercising their right of passage. Temporary and emergency closures can only be evoked when damage has already taken place, are not pre-emptive and in our opinion represent a ‘fire fighting’ approach to the sustainable management of access in the countryside.

We would wish to see guidance/legislation which allows temporary closures to be actioned by the local highway authority with respect to the surface of BOATs and/or where there is significant and proven damage to adjacent sensitive environments. In order to ensure fairness and equity in this, the matter could be considered by the Local Access Forum who in turn would be charged with consulting with named representatives from motorised vehicular users groups to ensure that such actions have wide ranging support.

Thank you once again for the opportunity to provide comment to the Government on this matter. We look forward to the results of this consultation. Should you have any questions arising from our submission please do not hesitate to contact me.

Yours sincerely

John Brownscombe

AONB Officer

On behalf of the Isle of Wight AONB Partnership

26th January 2004

AONB Officer

26^th January 2004